A 2649: Relates to indoor air quality in schools.

  
  STATE OF NEW YORK ________________________________________________________________________ 2649 2025-2026 Regular Sessions  IN ASSEMBLY January 21, 2025 ___________ Introduced by M. of A. SAYEGH, CUNNINGHAM, SHIMSKY, BEEPHAN, DeSTEFANO, SIMON, LEMONDES, RAGA -- read once and referred to the Committee on Health AN ACT to amend the public health law and the environmental conservation law, in relation to indoor air quality in schools The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 25 of the public health law is amended by adding a 2 new title 4-A to read as follows: 3 TITLE IV-A 4 INDOOR AIR QUALITY IN SCHOOLS 5 Section 2576. Definitions. 6 2577. Indoor air quality inspection and evaluation program. 7 2578. Best practices. 8 2579. Rules and regulations. 9 § 2576. Definitions. As used in this title, the following terms shall 10 have the following meanings, unless the context clearly requires other- 11 wise: 12 1. "Covered entity" means a facility used for (a) instruction of 13 elementary or secondary students by: (i) any school district, including 14 a special act school district and a city school district in a city 15 having a population of one hundred twenty-five thousand inhabitants or 16 more, (ii) a board of cooperative educational services, (iii) a charter 17 school, (iv) an approved private school for the education of students 18 with disabilities, (v) a state-supported school for the deaf or blind 19 operated pursuant to article eighty-five of the education law, and (vi) 20 any other private or parochial elementary or secondary school; and (b) 21 pre-kindergarten programs. 22 2. "Hazardous substances" means any substance listed as a substance 23 hazardous to the public health, safety or the environment in regulations 24 promulgated pursuant to article thirty-seven of the environmental EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05461-01-5 
 A. 2649 2 1 conservation law and includes lead, radon, asbestos, formaldehyde, and 2 volatile organic compounds exceeding a specified amount as designated by 3 the commissioner. 4 § 2577. Indoor air quality inspection and evaluation program. 1. With- 5 in one year of the effective date of this title, the department shall 6 establish an indoor air quality program. 7 2. The indoor air quality program established pursuant to subdivision 8 one of this section shall require the department to: 9 (a) promulgate regulations for inspections, evaluations, notifications 10 and best practices to improve indoor air quality in covered entities; 11 (b) enter into any necessary interagency agreements to coordinate the 12 indoor air quality program; 13 (c) inspect a covered entity, upon their own initiative or upon 14 complaint to the department regarding the quality of air in the covered 15 entity, unless the issue or condition raised in such complaint has been 16 the subject of a previous inspection by the department and is considered 17 to be satisfactorily resolved or such issue or condition has already 18 been made aware to the department and an inspection has already been 19 scheduled or completed; 20 (d) provide results of an inspection with the department of education, 21 the superintendent, school administrator, or supervisor of the school in 22 which the inspection was conducted, the appropriate local health author- 23 ity, and any other person or department the department deems necessary; 24 (e) assist the covered entity in developing a reasonable plan to 25 improve air quality conditions found in the inspection; and 26 (f) develop and implement public education and community outreach 27 programs on indoor air quality and risk reduction. 28 3. After inspection, the department shall prepare a report that: 29 (a) describes the department's findings; 30 (b) describes whether the test results exceed the indoor air guide- 31 lines established by the department or the occupational safety and 32 health administration guidelines for indoor air quality; 33 (c) identifies any conditions that are contributing or could contrib- 34 ute to poor indoor air quality at the covered entity including carbon 35 dioxide levels; humidity; evidence of mold or water damage; evidence of 36 hazardous substances; and excess dust; and 37 (d) provides guidance on steps the covered entity may take to improve 38 indoor air quality. 39 4. A complaint regarding the indoor air quality of a covered entity 40 shall be in writing and sent to the department. The department shall 41 inspect such covered entity pursuant to paragraph (c) of subdivision two 42 of this section. 43 § 2578. Best practices. The department, in consultation with the 44 department of environmental conservation, shall distribute a guidance 45 document of best practices for managing indoor air quality at covered 46 entities as described in this title. The department may use a manual on 47 indoor air quality in covered entities developed by federal health or 48 environmental agencies or another state. The department, as deemed 49 necessary by the commissioner, shall periodically review and revise such 50 guidance document to assure that the document continues to represent 51 best practices available to covered entities. 52 § 2579. Rules and regulations. The commissioner shall promulgate rules 53 and regulations in consultation with the commissioner of environmental 54 conservation to effectuate the requirements of this title. 55 § 2. Subdivision 1 of section 3-0301 of the environmental conservation 56 law is amended by adding a new paragraph ii to read as follows: 
 A. 2649 3 1 ii. Cooperate with the public health department to complete the 2 requirements of title four-A of article twenty-five of the public health 3 law. 4 § 3. This act shall take effect immediately.